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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.
2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.
Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.
In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant in consideration of the following: (a) the Defendant was sentenced to a fine for the same kind of crime; (b) the Defendant committed a second offense during the period during which the instant crime was committed; (c) the Defendant was committed a second offense; (d) the Defendant’s closure of singing practice room business; and (e) the Defendant was sentenced to a suspended sentence in the event of a sentence, taking into account the favorable circumstances, such as the lapse of the suspended sentence and the suspicion of the Defendant; and (c) there was no special circumstance or change of circumstances that may be considered for new sentencing in the trial; (d) the Defendant’s age, character and conduct, family relationship, motive and background of the crime; and (e) all of the sentencing factors indicated in the instant records and arguments, including the circumstances after the crime, etc., the lower court’s sentencing is too unfilled and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is groundless.